Search of the Property of a Debtor in an Execution Procedure
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Abstract
Granting the right of relief, a State assumed the obligation to develop a well functioning system of execution of court decisions. Contrary to the intent of a debtor to conceal his property, in order to avoid a recovery from it, a State should ensure implementation of whole measures providing discovery of property and effective execution of a judicial decision.
Nowadays, a possibility to follow the movement of a property and to pursue for it is getting more complicated. An effective information system could substantially expand efficiency of an execution procedure and reduce its costs.
The article deals with legal regulation of a search of the property of a debtor in execution procedure in Lithuania. Fundamental legal acts providing for the rights of a bailiff to search for a property the debtor is possessing, are: the Code of Civil Procedure and the Law on Bailiffs. The author concludes that the authority of a bailiff is one of the primary premises, granting an effective search of a property of a debtor.
In the article the author distinguishes several fundamental sources whereof data about the property possessed by a debtor could be received. It is information given by the third persons. The most important data is reserved by the state registry. Another important information source is data given by a debtor himself. The duty of a debtor to supply data about the property he possesses is provided by the Article 645 of the Code of Civil Procedure. In Lithuania a sanction prescribed for the avoidance to supply data about a disposable property is rather mild, considering the practice of foreign countries.
However, by the opinion of the author, really valuable data about a disposable property could be rarely received from a debtor.
According to the Article 658 of the Code of Civil Procedure, after serving or sending a warning to satisfy a judgment, a bailiff may obligate the debtor by the procedure established in Article 645 of this Code to supply data about the property he possesses. By the opinion of the author, the following regulation requires some modifications. A bailiff must be entitled to oblige a debtor to supply data about the property he possesses by the order determined in the Article 645 of the Code of Civil Procedure only on the expiry of a term to enforce the judgment determined by the warning.
The author assumes that legal regulation could be improved by determining an order according to which an activity of a debtor acting under license could be restricted by lifting a license in case that he refuses to supply data required by a bailiff. When searching for the property of a debtor, natural and legal persons acting under the license should be legally entitled to search for a debtor on application of a plaintiff and at the expense. This could result in effective search of a property intentionally concealed by a debtor.
Nowadays, a possibility to follow the movement of a property and to pursue for it is getting more complicated. An effective information system could substantially expand efficiency of an execution procedure and reduce its costs.
The article deals with legal regulation of a search of the property of a debtor in execution procedure in Lithuania. Fundamental legal acts providing for the rights of a bailiff to search for a property the debtor is possessing, are: the Code of Civil Procedure and the Law on Bailiffs. The author concludes that the authority of a bailiff is one of the primary premises, granting an effective search of a property of a debtor.
In the article the author distinguishes several fundamental sources whereof data about the property possessed by a debtor could be received. It is information given by the third persons. The most important data is reserved by the state registry. Another important information source is data given by a debtor himself. The duty of a debtor to supply data about the property he possesses is provided by the Article 645 of the Code of Civil Procedure. In Lithuania a sanction prescribed for the avoidance to supply data about a disposable property is rather mild, considering the practice of foreign countries.
However, by the opinion of the author, really valuable data about a disposable property could be rarely received from a debtor.
According to the Article 658 of the Code of Civil Procedure, after serving or sending a warning to satisfy a judgment, a bailiff may obligate the debtor by the procedure established in Article 645 of this Code to supply data about the property he possesses. By the opinion of the author, the following regulation requires some modifications. A bailiff must be entitled to oblige a debtor to supply data about the property he possesses by the order determined in the Article 645 of the Code of Civil Procedure only on the expiry of a term to enforce the judgment determined by the warning.
The author assumes that legal regulation could be improved by determining an order according to which an activity of a debtor acting under license could be restricted by lifting a license in case that he refuses to supply data required by a bailiff. When searching for the property of a debtor, natural and legal persons acting under the license should be legally entitled to search for a debtor on application of a plaintiff and at the expense. This could result in effective search of a property intentionally concealed by a debtor.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
